Warner Bros., New Line Cinema, MGM and producer Saul Zaentz are seeking to stop Burbank-based production company The Global Asylum from using the word “Hobbits” in association with its “knockoff” film, and they’re asking the court to require the destruction of all infringing ad materials and packaging.

The Global Asylum has a history of producing low-budget “mockbusters,” which ride on the coattails of major Hollywood releases. Its latest movie is set for a Dec.11 release – three days prior to the first film in the Peter Jackson-directed trilogy opens in theaters. The company argues that its Hobbits aren’t based on Tolkien creations. It may come down to the definition of “hobbit.”

“Age of the Hobbits is about the real-life human subspecies, Homo Floresiensis, discovered in 2003 in Indonesia, which have been uniformly referred to as 'Hobbits' in the scientific community,” a representative for The Asylum told THR in a statement. “As such, the use of the term 'Hobbits' is protected under the legal doctrines of nominal and traditional fair use. Indeed, a simple Google search of Hobbits and archaeology reveals dozens of articles containing the term “Hobbit(s)” in the title.”

But the plaintiffs argued in their complaint:

“The Asylum has been and is promoting and advertising its low-budget film using the confusingly similar and misleading title Age of the Hobbits, in an intentional and willful attempt (i) to trade on the popularity and goodwill associated with the Tolkien novels, the extraordinarily successful Lord of The Rings film trilogy, and the famous HOBBIT mark, (ii) to free-ride on the worldwide advertising campaign in connection with the forthcoming Hobbit films, and (iii) to divert customers and potential customers away from the Hobbit films.”

So, is what is “Age of Hobbits” about? The Asylum’s website describes the storyline with the following: “In an ancient age, the small, peace-loving Hobbits are enslaved by the Java Men, a race of flesh-eating dragon-riders. The young Hobbit Goben must join forces with their neighbor giants, the humans, to free his people and vanquish their enemies.”